Criminal procedure in India

CrPC Section 20: Executive Magistrates

Section 20 of the Code of Criminal Procedure, 1973 (CrPC) governed the appointment and administrative powers of Executive Magistrates, including the District Magistrate, Additional District Magistrate and Sub-divisional Magistrate. The corresponding framework is now found in Section 14 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current-law update: The BNSS came into force on 1 July 2024, replacing the CrPC for the general criminal procedure framework, subject to applicable savings and transitional provisions. CrPC Section 20 is reproduced and explained below for historical and pending-proceeding reference; consult BNSS Section 14 for the current central provision.

Section 20 CrPC: Meaning and provisions

Sub-section (1): In every district and in every metropolitan area, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.

Sub-section (2): The State Government may appoint any Executive Magistrate to be an Additional District Magistrate. The Additional District Magistrate exercises such powers of the District Magistrate under the Code or any other law as the State Government directs.

Sub-section (3): When the office of District Magistrate falls vacant and an officer temporarily succeeds to the executive administration of the district, that officer exercises the District Magistrate's powers and duties under the Code pending State Government orders.

Sub-section (4): The State Government may place an Executive Magistrate in charge of a sub-division and may relieve that officer of the charge. The officer in charge is called the Sub-divisional Magistrate.

Sub-section (4A): The State Government may, by general or special order and subject to its controls and directions, delegate its powers under sub-section (4) to the District Magistrate.

Sub-section (5): The State Government may, under another law in force, confer all or any powers of an Executive Magistrate on a Commissioner of Police in relation to a metropolitan area.

Current law: Section 14 BNSS, 2023

Section 14 of the BNSS, titled Executive Magistrates, is the successor provision concerning the State Government's appointment of Executive Magistrates and designation of a District Magistrate, Additional District Magistrates and Sub-divisional Magistrates. It also addresses temporary succession to the District Magistrate's functions, delegation concerning sub-divisions, and the conferment of executive-magisterial powers on a Commissioner of Police in a metropolitan area under applicable law.

Read the enacted text and any applicable notifications or state amendments before relying on the scope of an individual officer's powers. The precise authority exercised by an Executive Magistrate depends on the relevant statutory provision and valid appointment or delegation.

Key legal terms explained

Executive Magistrate

A magistrate appointed by the State Government to perform executive and preventive functions conferred by criminal procedure legislation or other applicable laws. This role is distinct from that of a Judicial Magistrate who conducts judicial proceedings.

District Magistrate (DM)

An Executive Magistrate designated by the State Government to discharge statutory functions for a district, including those specifically assigned to the District Magistrate.

Additional District Magistrate (ADM)

An Executive Magistrate appointed to exercise the District Magistrate's powers to the extent directed by the State Government; the appointment does not automatically transfer every power without regard to the governing order and law.

Sub-divisional Magistrate (SDM)

An Executive Magistrate placed in charge of a sub-division by the competent authority under the relevant statutory arrangement.

Uttar Pradesh state amendment: historical text

The source article records that Uttar Pradesh Act 1 of 1984, Section 5, inserted the following sub-section (6) into CrPC Section 20:

"(6) the State Government may delegate its powers under sub-section (4) to the District Magistrate."

The CrPC was subsequently amended centrally to insert sub-section (4A), allowing delegation subject to State Government controls and directions. The Uttar Pradesh provision above is retained as a historical state-amendment reference; its present interaction with BNSS and current state notifications should be checked separately.

Legislative notes

The source article records that Act 45 of 1978, Section 7, substituted wording in sub-section (2), effective 18 December 1978. It also records that Act 25 of 2005, Section 2, inserted sub-section (4A), effective 23 June 2006.

How these provisions operate

For questions concerning an Executive Magistrate's jurisdiction, identify the governing statute, the officer's appointment or designation, any notification specifying the relevant area, and any order delegating particular powers. The appointment as ADM or SDM should not be treated as proof of unlimited authority over every function assigned to a District Magistrate.

Official legal sources

India Code - Central Acts and statutory text (search for the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 14, and the Code of Criminal Procedure, 1973, Section 20).
Ministry of Home Affairs - criminal law notifications and implementation materials.
Legislative Department, Government of India - central legislation and legislative information.

This article provides general statutory information. State-specific amendments, appointments, delegations and transitional rules may affect a particular matter.